2009 WISCONSIN ACT 291
An Act to repeal 106.01 (2), 106.01 (4), 106.01 (5) (intro.), 106.01 (5) (a), 106.01 (5) (b), 106.01 (5) (c), 106.01 (5) (e), 106.01 (5) (f), 106.01 (5) (g), 106.01 (5i) (a), 106.01 (5i) (b) and 106.01 (5k); to renumber and amend 15.227 (13), 106.001 (3), 106.01 (3), 106.01 (5) (d), 106.01 (5i) (am) 1., 106.01 (5i) (am) 2., 106.01 (5i) (c), 106.01 (5j), 106.01 (6) and 106.01 (10); to amend 15.157 (15) (a), 15.157 (15) (c), 101.136 (4) (a), 101.136 (6) (a) 1., 101.136 (6) (c) 2., 103.70 (1), 104.08 (2m), 106.001 (1), 106.001 (2), 106.01 (7), 106.01 (8), 106.01 (9), 106.02, 106.025 (2), 106.03, 106.13 (3), 145.01 (3), 145.07 (7) (a), 445.095 (3) and 454.10 (1); to repeal and recreate 106.01 (title); and to create 15.227 (13) (a) 1. to 6. and (b), 106.001 (2m), 106.001 (4), 106.001 (5), 106.001 (6), 106.001 (7), 106.01 (5m) (title), 106.01 (6) (title), 106.01 (6) (d) and 106.01 (11) of the statutes; relating to: apprentice contracts, the appointment and composition of the Wisconsin Apprenticeship Council, requiring the exercise of rule-making authority, and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
15.157 (15) (a) Two members who represent major insulation companies that sponsor an apprenticeship training program in installing and maintaining thermal system insulation that is approved by the department and that meets the requirements of the department of workforce development under subch. I of ch. 106.
15.157 (15) (c) Two members who are mechanics with at least 10 years of experience in the area of heat and frost insulation and who have successfully completed training in installing and maintaining thermal system insulation under an apprenticeship program that is approved by the department and that meets the requirements of the department of workforce development under subch. I of ch. 106.
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3. 15.227 (13) of the statutes is renumbered 15.227 (13) (a) (intro.) and amended to read:
15.227 (13) (a) (intro.) There is created in the department of workforce development a Wisconsin apprenticeship council appointed by the labor and industry review commission. consisting of all of the following:
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4. 15.227 (13) (a) 1. to 6. and (b) of the statutes are created to read:
15.227 (13) (a) 1. Nine representatives of employers, appointed by the secretary of workforce development.
2. Nine representatives of employees, appointed by the secretary of workforce development.
3. One representative of the technical college system, appointed by the director of the technical college system.
4. One representative of the department of public instruction, appointed by the state superintendent of public instruction.
5. Two members who represent the public interest, appointed by the secretary of workforce development.
6. One permanent classified employee of the department of workforce development, appointed by the secretary of workforce development, who shall serve as nonvoting chairperson.
(b) All members of the Wisconsin apprenticeship council shall be persons who are familiar with apprenticeable occupations.
101.136 (4) (a) The department shall employ a person who has at least 10 years of experience as a mechanic, and who has successfully completed an apprenticeship program in installing and maintaining thermal system insulation that is approved by the department and that meets the requirements of the department of workforce development under subch. I of ch. 106, as the state inspector. The state inspector shall work under the direct supervision of the secretary or his or her designee.
101.136 (6) (a) 1. Except as provided in subd. 2., beginning on July 1, 2011, no person may install or maintain thermal system insulation in any building unless that person is a mechanic licensed by the department under this section, is working under the direct supervision of a licensed mechanic, or is serving an apprenticeship in the installation and maintenance of thermal system insulation that meets the requirements specified under subch. I of ch. 106.
101.136 (6) (c) 2. He or she has successfully completed training in installing and maintaining thermal system insulation under an apprenticeship program that is approved by the department and that meets the requirements of the department of workforce development under subch. I of ch. 106.
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8. 103.70 (1) of the statutes is amended to read:
103.70 (1) Except as otherwise provided in sub. (2) and in ss. 103.21 to 103.31, 103.78, 938.245 (2) (a) 5. b., 938.32 (1t) (a) 2., and 938.34 (5) (b) and (5g) (c), and as may be provided under s. 103.79, a minor, may not be employed or permitted to work at any gainful occupation or employment, unless indentured as employed under an apprentice in accordance with contract under s. 106.01, or unless 12 years and over and engaged in farming,
or unless 14 years and over and enrolled in a youth apprenticeship program under s. 106.13, shall not be employed or permitted to work at any gainful occupation or employment or unless there is first obtained from the department or a permit officer a written permit authorizing the employment of the minor within those periods of time stated in the permit, which shall may not exceed the maximum hours prescribed by law.
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9. 104.08 (2m) of the statutes is amended to read:
104.08 (2m) Any person working in a trade industry for which a living wage has been established for minors, and who has no trade, shall be indentured employed under an apprentice contract under s. 106.01.
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10. 106.001 (1) of the statutes is amended to read:
106.001 (1) "Apprentice" means any person who enters into an indenture with an employer or organization apprentice contract with the department and with a sponsor or an apprenticeship committee acting as the agent of a sponsor.
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11. 106.001 (2) of the statutes is amended to read:
106.001 (2) "Indenture" "
Apprentice contract" means any contract or agreement of service, express or implied, between an apprentice, the department, and a sponsor or an apprenticeship committee acting as the agent of a sponsor whereby an apprentice is to receive from or through the apprentice's employer, in consideration for the apprentice's services in whole or in part, instruction in any trade, craft, or business.
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12. 106.001 (2m) of the statutes is created to read:
106.001 (2m) "Apprenticeship committee" means a joint apprenticeship committee or a nonjoint apprenticeship committee designated by a sponsor to administer an apprenticeship program.
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13. 106.001 (3) of the statutes is renumbered 106.001 (8) and amended to read:
106.001 (8) "Organization" "
Sponsor" means an any employer, organization of employees, association of employers, committee, or other similar responsible agency in this state person operating an apprenticeship program and in whose name the apprenticeship program is approved by the department.
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14. 106.001 (4) of the statutes is created to read:
106.001 (4) "Apprenticeship program" means a program approved by the department providing for the employment and training of apprentices in a trade, craft, or business that includes a plan containing all of the terms and conditions for the qualification, recruitment, selection, employment, and training of apprentices as required under this subchapter, including the apprentice contract requirements under s. 106.01.
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15. 106.001 (5) of the statutes is created to read:
106.001 (5) "Employer" means any person employing an apprentice, whether or not the person is a party to an apprentice contract with the apprentice.
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16. 106.001 (6) of the statutes is created to read:
106.001 (6) "Joint apprenticeship committee" means an apprenticeship committee that consists of an equal number of representatives of employers and of representatives of employees who are represented by a collective bargaining agent.
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17. 106.001 (7) of the statutes is created to read:
106.001 (7) "Nonjoint apprenticeship committee" means an apprenticeship committee that consists of representatives of employers, but not of representatives of employees who are represented by a collective bargaining agent.
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18. 106.01 (title) of the statutes is repealed and recreated to read:
106.01 (title) Apprentice contracts.
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19. 106.01 (2) of the statutes is repealed.
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20. 106.01 (3) of the statutes is renumbered 106.01 (1) and amended to read:
106.01 (1) Formation of apprentice contract. Except as provided in ss. 106.02, 106.025 and 106.03, any minor Any person 16 years of age or over
or any adult may, by the execution of an indenture, bind may enter into an apprentice contract binding himself or herself to serve as an apprentice as provided in this section for a . Except as provided in ss. 106.02, 106.025, and 106.03, the term of service of an apprenticeship shall be for not less than one year. Every apprentice contract shall be in writing and shall be signed by the apprentice, the department, and the sponsor or an apprenticeship committee acting as the agent of the sponsor. If the apprentice has not reached 18 years of age, the apprentice contract shall also be signed by one of the apprentice's parents or, if both parents are deceased or legally incapable of giving consent, by the guardian of the apprentice or, if there is no guardian, by a deputy of the department. The department shall specify the provisions that are required to be included in an apprentice contract by rule promulgated under sub. (11).
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21. 106.01 (4) of the statutes is repealed.
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22. 106.01 (5) (intro.) of the statutes is repealed.
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23. 106.01 (5) (a) of the statutes is repealed.
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24. 106.01 (5) (b) of the statutes is repealed.
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25. 106.01 (5) (c) of the statutes is repealed.
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26. 106.01 (5) (d) of the statutes is renumbered 106.01 (6) (b) and amended to read:
106.01 (6) (b) An agreement stating the number of hours to be spent in work, and the number of hours to be spent in instruction. During the first 2 years of an apprenticeship, the apprentice's period of instruction shall be not less than 4 hours per week or the equivalent sponsor shall provide for the apprentice not less than 144 hours per year of related instruction. If the apprenticeship is for a longer period than 2 years, the total hours of instruction shall be sponsor shall provide for the apprentice not less than a total of 400 hours of related instruction over the term of the apprenticeship. If the apprentice is receiving classroom instruction, the sponsor shall provide for the apprentice not less than 4 hours of related instruction or the equivalent during each week that the school providing the classroom instruction is in session. The total number of hours of related instruction and work shall that a sponsor may assign to an apprentice may not exceed 55 per week, except that nothing in this paragraph shall be construed to forbid overtime work as provided in sub. (7).
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27. 106.01 (5) (e) of the statutes is repealed.
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28. 106.01 (5) (f) of the statutes is repealed.
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29. 106.01 (5) (g) of the statutes is repealed.
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30. 106.01 (5i) (a) of the statutes is repealed.
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31. 106.01 (5i) (am) 1. of the statutes is renumbered 106.01 (5m) (a) and amended to read:
106.01 (5m) (a) Upon entering into an indenture, an organization apprentice contract, a sponsor that is not the proposed employer of the apprentice, or an apprenticeship committee that is acting as the agent of a sponsor, shall, with the written consent of the other parties to the indenture, and the written acceptance of the indenture acceptance of the apprentice contract by the proposed employer, assign the indenture apprentice contract to the proposed employer, and the proposed employer and the apprentice named in the indenture assignment shall be bound by the terms of the indenture apprentice contract.
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32. 106.01 (5i) (am) 2. of the statutes is renumbered 106.01 (5m) (b) and amended to read:
106.01 (5m) (b) The consent and department shall furnish a copy of an acceptance described in subd. 1. shall be executed in triplicate. One of the triplicate original consents and acceptances shall be delivered to the department, one to the employer and one to the apprentice, and in each case shall be attached to the proper indenture. The approval of the department is required in each transaction. An organization par. (a) to each party that has signed the apprentice contract. A sponsor or apprenticeship committee that enters into an indenture under par. (a) apprentice contract shall have the exclusive right to assign or reassign the indenture
apprentice contract to another sponsor, and the apprentice shall not be permitted to enter into any other indenture apprentice contract. The period transpiring before assignment to an employer or reassignment to another employer shall not be credited toward the period term of apprenticeship. The approval of the department is required in each transaction.
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33. 106.01 (5i) (b) of the statutes is repealed.
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34. 106.01 (5i) (c) of the statutes is renumbered 106.01 (5m) (c) and amended to read:
106.01 (5m) (c) Any employer that has entered into an indenture may, with the written consent, executed in triplicate, of the other parties to the indenture and the approval of the department, assign the indenture to another employer whose written acceptance shall be executed upon the instrument of consent. One of the triplicate original consents and acceptances shall be delivered to the apprentice, one to the assignee employer and one to the department, and shall in each case be attached to the indenture in each party's possession. After assignment, the assignee A sponsor or apprenticeship committee that enters into an apprentice contract may reassign the apprentice contract to a different employer, but the apprentice shall not be bound by a reassignment unless that employer accepts the terms of the apprentice contract and agrees to perform the unperformed obligations of the apprentice contract. After a reassignment, the new employer shall perform the unperformed obligations of the indenture apprentice contract. The department shall continue to have jurisdiction over an indenture assigned apprentice contract reassigned under this paragraph and the parties bound after the assignment reassignment.
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35. 106.01 (5j) of the statutes is renumbered 106.01 (5p) and amended to read:
106.01 (5p) Termination of apprentice contract. The department may, on its own motion
, or on the complaint of any person, and after due notice, investigation, and, if requested by the apprentice, employer, or sponsor, a hearing, under sub. (9), may make findings and issue orders declaring any indenture at an end an order terminating an apprentice contract if it is proved at the hearing that any apprentice, employer, or organization sponsor that is a party to the indenture apprentice contract is unable to continue with the obligations under the indenture apprentice contract or has breached the
indenture apprentice contract. Upon the termination of the indenture apprentice contract, the released apprentice
shall be free to may enter into a new indenture apprentice contract under any terms and conditions approved by the department that are not inconsistent consistent with this section.
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36. 106.01 (5k) of the statutes is repealed.
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37. 106.01 (5m) (title) of the statutes is created to read:
106.01 (5m) (title) Assignment of apprentice contract.
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38. 106.01 (6) (title) of the statutes is created to read:
106.01 (6) (title) Related instruction.
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39. 106.01 (6) of the statutes is renumbered 106.01 (6) (a) and amended to read:
106.01 (6) (a) An employer shall pay an apprentice for the time an that the apprentice is receiving related instruction for no fewer hours than specified in sub. (5) (d) at the same rate per hour as for services as provided in this paragraph. An employer shall pay an apprentice for not less than the number of hours of related instruction specified in par. (b) or the number of hours of related instruction specified in the apprentice contract, whichever is greater, at the same rate per hour as the employer pays the apprentice for services performed.
(c) This subsection does not prohibit an agreement between the parties requiring the apprentice to take additional instruction on the apprentice's own time in excess of the number of hours required by statute. Attendance at school shall be certified by the teacher in charge under par. (b) or the apprentice contract, whichever is greater.
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40. 106.01 (6) (d) of the statutes is created to read:
106.01 (6) (d) The provider of related instruction to an apprentice shall submit reports on the grades and attendance of the apprentice to the department and the sponsor in accordance with standards set by the department.
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41. 106.01 (7) of the statutes is amended to read:
106.01 (7) Overtime. An apprentice may be allowed to work overtime. All time in excess of the hours of labor as limited to that are paid at an employee's regular rate of pay in the particular craft, industry, or business and as to by the particular employer, shall be considered overtime. For overtime the An apprentice's rate of pay for overtime shall be increased by the same percentage as the journeyman's journey worker's, rate of pay for overtime is increased in the same industry or establishment.
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42. 106.01 (8) of the statutes is amended to read:
